[By] bringing litigation in selected cases, ISPs and Internet publishers can begin to build precedents that may preemptively deter copyright owners from sending blunderbuss takedown notices in the first place. Counsel for copyright owners, on the other hand, will have to examine potential fair use arguments more closely in light of the Diebold ruling, especially if they have been informed by an ISP or publisher that the material may not be infringing.

Donna Wentworth at Copyfight wanted some brainstorming about how the Lexmark v. SCC opinion could be used to appeal the District Court’s Blizzard v. bnetd decision given about a month ago. So I thought I would bring up a couple [Read More]